Court : Andhra Pradesh
Reported in : 2003(6)ALD261; 2003(5)ALT613
..... excluding others similarly situate.the applicable statutory environment: (to the extent relevant to this lis)the excise act:41. chapter ii of the act sets out provisions for the establishment and control for administration of the provisions of the act and inheres in a commissioner of prohibition and excise, the chief control and administration of all matters under ..... is in crisis. in his article 'the rule of law and the welfare state; towards a new synthesis' published in the journal of politics and society (1994), william scheuerman argues that there is a strong prima facie reason to think that statutory vagueness will redound to the benefit of the economically powerful for they ..... 62. another contention of the petitioner in this behalf is that the theme song of the respondent-state that the entire regulatory exercise under the excise act, the 1993 act and the relevant rules thereunder as also the disinclination of the state to permit any new distilleries to set up units in the state, is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD533; 2002(2)ALT791
..... 36 with regard to power vesting in local authority of street laid out or altered and open space provided by the board under housing scheme. chapter iv of the 1956 act deals with acquisition and disposal of land wherein section 40 contemplates the power of the board to purchase or lease by agreement. section 40- ..... or the standards of population density, it shall be referred to the government whose decision thereon shall be final. (7) any reference in any other chapter, except this chapter, to the master plan or the zonal development plan shall be construed as a reference to the master plan or the zonal development plan as modified ..... tubes ltd. v. state industrial and investment corporation of india, : [1993]1scr340 where there was inconsistency between two special laws, the finance corporation act, 1951 and the sick industries companies (special provisions) act, 1985. the latter contained section 32 which gave overriding effect to its provisions and was held to prevail over the former. it was .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD(Cri)751; 2005CriLJ4593
..... : mode of taking evidence and recording of evidence in our view makes no difference. it is the settled principle of the interpretation of statutes that the chapter heading do not control the express language of the section. even otherwise, in this case the trial court wrote the entire judgment in english language only, ..... and murder of a minor girl was involved. besides deterrence, retribution still survives as an object of punishment (dhananjoy chatterjee v. state, of w.b., : [1994]1scr37 and jacob george dr. v. state of kerala, : 1994crilj3851 and one may consider looking at the situation intimately from the prospective of john grisham : a ..... incident proper. the prosecution has virtually demonstrated and re-enacted before the court by cogent, reasonable, convincing and unassailing evidence from all angles, the heinous act committed by the accused. the micro-fiches of evidence gathered are carefully processed into a macro film by the investigating agency. the case is established beyond .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(5)ALD718; 1999(5)ALT548
..... subscribers.11. the first report dated 10th august, 1971, submitted by the study group on non-banking financial intermediaries appointed by the banking commission devoted a complete chapter to chit funds. the study group having studied the working and role of one of the oldest indigenous non-banking financial institution viz., chit funds, inter ..... has to take over the chit himself and continue the business. according to the memoranda submitted by some chit funds to the banking commission, the foreman requires finance from banks as well asmoney-lenders and other private sources. some companies have also pointed out that their profits are not very large in relation to the ..... and is one of the socio-economic legislation which had been enacted primarily and predominantly to safeguard the interest of the chit subscribers like the central act and this act also is intended to regulate andto bring in financial discipline in the chit business, 'as the foreman deal in and dabble with funds of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(6)ALD486
..... which hold valid registrations/letters of intent and have taken steps for the first time on or after 3-10-1989 for project implementation such as applying for project finance, placing orders for the machinery, commencement of construction etc., would be eligible for the concessions provided they go into commercial production before 31-3-1995. in paragraph ..... out by the preamble. the preamble makes it clear that it was meant to get over the judgment of this court in wp no.2031 of 1994. in the light of this amended act, orders were passed by the industries department rejecting the claims of the petitioners for the grant of sales tax holiday as per g.o. ms ..... with the dig concerned before 25-4-1991; and b) one or more of the implementation steps for project implementation namely applying for project finance (expenditure of 25% of the fixed capital cost for self financed units) placing orders for any part of the machinery, commencement of construction was taken before 25-4-1991'. 28. it may be .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(6)ALD623; 1999(6)ALT406
..... the special officer and the tenure of the special officer was extended by act no.xviii of 1992, act no.iv of 1993, act no.x of 1994, act no.xxv of 1995, act no.v of 1996 and finally by act no.xix of 1997. 5. by seventy fourth amendment to the constitution, chapters ix and ix-a were incorporated with effect from 20-4-1993, with ..... statute. referring to article 191 it was submitted that the chief minister or the respondents did not incur any legal disqualification as envisaged by the constitution or chapter iii of the representation of people act, 1951. no relief has been sought against the election commission. the election commission was never prevented from holding the elections. the matter virtually involves removing the chief .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD43; 2003(3)ALT143
..... under section 1(a) of the constitution. a further appeal was filed before the privy council. lord diplock, who delivered the majority judgment referred to chapter-i of the constitution of trinidad and tobago (recognition and protection of human rights and fundamental freedoms), especially sections 1 to 5 and considered, inter alia ..... distribution of health care resources? claims for breach of statutory duty have generally failed. the learned authors dedicated one entire chapter (chapter 12) to public law aspects of tort and a separate sub-chapter is devoted to constitutional torts.37. torts like battery, assault, false imprisonment by police officers and other investigating agencies are ..... was occupied by the government for the purpose of closing the breach. the respondents took possession of the land on 11.10.1994, but did not take any action under the act. the petitioners were deprived of their right and livelihood and forced to eke out their living as ordinary contract labour. the action .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALD354
..... clarified by the government of a.p., unless the services of the above said employees are regularized in terms of g.o. ms. no. 212, finance, dated 224-1994, they are not eligible for getting minimum pay scale and they are not also entitled for provident fund benefits. it was made clear by the government ..... consideration of various disputed questions of fact. hence, the proper course for the petitioner is to avail the alternative remedy of appeal as available under the act. if any such appeals are preferred, the same shall be considered and decided on merits uninfluenced by any of the observations made/findings recorded by this ..... the petitioner in these two writ petitions which are filed aggrieved by the proceedings initiated under the provisions of employees provident funds and miscellaneous provisions act, 1952 (for short, 'the act') for recovery of arrears towards pf contributions in respect of casual workers and daily wage workers including temporary employees working in the university.2. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD597; 2003(1)ALT127
..... it clear that it commands the central government or any establishment wholly or substantially financed by that government, or a cantonment board constituted under the cantonment act, 1924; a state government or any of its establishments, wholly or substantially financed by it; and the local authorities to make the reservation of posts in their ..... matter is a matter enumerated in the state list.article 253. legislation for giving effect to international agreements :--notwithstanding anything in the foregoing provisions of this chapter, parliament has power to make any law for the whole or any part of the territory of india for implementing any treaty, agreement or convention ..... occurs in part xi which deals with relations between the union and the states. it provides that 'notwithstanding anything in the foregoing provisions of the said chapter, parliament has power to make any law for the whole or any part of the territory of india for implementing any treaty, agreement or convention with .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(3)ALD565; 2007(2)ALT679
..... the decision of vuda to execute development agreement with the private respondents to develop 50 acres of land of rushikonda is violative of the provisions contained in the act. chapter iv of the act contains provisions, which regulate development of lands in developed areas notified by the state government. section 14 postulates submission of application for development and grant of ..... the same is contrary to the zonal plan of the area sanctioned by the state government vide g.o. ms. no. 376, ma, dated 22-7-1994, and section 20 (3) of the act read with paragraphs 3, 9 and 11 of g.o. ms. no. 913, ma, dated 9-11-1987 and paragraph 6 of g.o. ms. ..... centre and water channel and even according to the zonal development plan approved by the government of andhra pradesh, vide g.o. ms. no. 376, ma, dated 22-7-1994, the residential area is only 10 acres, excluding hill, roads, green belt area etc., but the vuda authorities prepared fresh plan without showing hill and other amenities, including green .....
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